Part 6Management of inshore fisheries
Chapter 1Inshore fisheries and conservation authorities
Byelaws
I1157Emergency byelaws
1
A byelaw that is made by an IFC authority in the circumstances described in subsection (2) has effect without being confirmed by the Secretary of State.
2
The circumstances are that—
a
the IFC authority considers that there is an urgent need for the byelaw, and
b
the need to make the byelaw could not reasonably have been foreseen.
3
A byelaw that has effect by virtue of this section (an “emergency byelaw”)—
a
comes into force on a date specified in the byelaw, and
b
remains in force (unless revoked or extended) for such period, not exceeding 12 months, as is specified in the byelaw.
4
An IFC authority may, with the written approval of the Secretary of State, extend the period for which an emergency byelaw is to remain in force.
5
An IFC authority—
a
may extend that period only once;
b
may not extend that period by more than 6 months.
6
The Secretary of State may not give the approval referred to in subsection (4) unless satisfied that—
a
during the period for which the emergency byelaw has been in force, the IFC authority has used its best endeavours to make a byelaw that will make the emergency byelaw unnecessary, and
b
there would be a significant and adverse effect on the marine environment if the approval was not given.
7
An IFC authority must within 24 hours of making an emergency byelaw notify the Secretary of State of it.